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Sender:
Records Management Program <[log in to unmask]>
Date:
Mon, 26 Feb 2007 17:36:18 -0600
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Records Management Program <[log in to unmask]>
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"Allen, Doug" <[log in to unmask]>
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Bob,

I'd respectfully disagree here.  The Attorney General may have been
doing his job, but there are a variety of opinions regarding both Texas
and Federal statutes and how they apply here (I'm reading other opinions
as we speak).  There is legitimate debate between attorneys over the
statutory provisions.  

A thorough reading of the AG's opinion led me to the very same
conclusion that the County Clerk in Travis County came to.....that ONLY
indirect access, through the Clerk's staff could be permitted, because
SSNs appear throughout the records, and cannot be "blocked" from
appearing.  

Clerks have adopted more advanced technologies, including imaging
systems directly tied to index data.  However, those who have prepared
documents, including the IRS frequently included such numbers as a
routine practice.  Other documents that find their way into those
records....court judgments, etc. also include Social Security numbers.
There has been no permission given in the past that would allow Clerks
to perform redaction on such records.....They were required to file
records, whether or not they contained such information.  They were also
required to provide access to those records - until the issuance of the
current opinion.  

My take on the problem is that it is legislative in nature, that the
laws of the State of Texas have not been sufficiently clear, and that
there has been no provision of authority, nor sufficient provision of
funds to allow Clerks to take proper steps to protect personal
identifying information.  I'd not blame the Clerks..... They've followed
existing law, and now find themselves trapped.

Douglas P. Allen, CRM, CDIA+

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